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EPA’s Clever Legal Trick Could Save Its Clean Power Plan

The EPA did something very unusual when it released its Clean Power Plan earlier this month. The agency also released a 104 page legal memorandum arguing that its plan to regulate greenhouse gas emissions from existing power plants is legal under...

Posted June 24, 2014    

The Supreme Court's Air Pollution Decision Is Wrong, But Don't Blame The Court

The Obama administration’s war on coal scored a big win in the U.S. Supreme Court on Tuesday.  Six of the Court’s nine justices (including conservatives John Roberts and Anthony Kennedy) went out of their way to uphold the U.S. Environmental...

Posted May 2, 2014    

The EPA Doesn't Have The Legal Authority To Adopt Its New Power Plant Climate Rules

Last March, a young Federal law clerk in Washington, D.C. named William J. Haun wrote a paper for the conservative leaning Federalist Society.  In it he argued that the U.S. Environmental Protection Agency can’t adopt its planned climate rule...

Posted March 26, 2014